| Case ID |
22b5ccf4-7bd1-4f53-b825-ac8cc1723c8d |
| Body |
View case body. Login to View |
| Case Number |
FAO No. 29419 of 2019 |
| Decision Date |
Oct 26, 2020 |
| Hearing Date |
Oct 26, 2020 |
| Decision |
The First Appeal against Order was allowed, setting aside the order passed by the learned Additional District Judge, Okara, on 09.04.2019. The application for setting aside the ex-parte judgment and decree dated 25.10.2017 filed by the appellant was accepted. The trial court was directed to decide the application for leave to appear and defend the suit on merits. The court highlighted the importance of adhering to the prescribed parameters of the Civil Procedure Code, emphasizing that the trial court had failed to follow the necessary procedures, leading to an illegal ex-parte decree. The judgment reinforced the principle that courts should favor adjudication of cases on merits rather than dismissing them on technicalities. |
| Summary |
In the case of FAO No. 29419 of 2019, the Lahore High Court addressed an appeal concerning an ex-parte decree issued against the appellant, Ch. Muhammad Iqbal. The case revolved around a suit for recovery of Rs. 50,00,000 filed by the respondent, MST. Anwar Begum, based on a pronote dated 05.01.2016. The trial court's ex-parte judgment, delivered on 25.10.2017, was challenged by the appellant, who argued that proper procedural safeguards under the Civil Procedure Code (V of 1908) were not followed, particularly regarding the service of summons and notices. The court found that the trial court had hastily initiated ex-parte proceedings without ensuring that the appellant received adequate notice, thereby violating the rights to due process and fair hearing as enshrined in Article 10-A of the Constitution of Pakistan. The judgement emphasized the importance of adhering to legal procedures to prevent injustice, thereby allowing the appeal and requiring the trial court to reconsider the application on its merits. This case underscores the significance of procedural fairness in legal proceedings and the courts' inclination to resolve cases based on substantive justice rather than technical errors. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD IQBAL
|
| Lawyers |
Mr. Malik Azhar Iqbal Khokhar,
Muhammad Imran Ashfaq Chaudhary,
Mr. Jawad Jameel Malik,
Moeen Ahmad Siddiqui
|
| Petitioners |
MST. ANWAR BEGUM
|
| Respondents |
CH. MUHAMMAD IQBAL
|
| Citations |
2021 SLD 2064,
2012 PLJ 510
|
| Other Citations |
2002 SCMR 664,
2005 SCMR 1877,
1968 SCMR 817,
PLD 1985 SC 345
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
96,
17,
1,
2
|